practice firm directory recruiting news

Psys­tar en­gages CS as de­fense coun­sel in must-win copy­right and DMCA case against Apple

June 26, 2009

Psys­tar Cor­por­a­tion, the Miami-based man­u­fac­turer of Open Com­puters, today en­gaged Ca­mara & Sib­ley to de­fend it in a save-the-com­pany case brought by Apple. Psys­tar’s Open Com­puters run the user’s choice of op­er­at­ing sys­tem, in­clud­ing Mi­crosoft Win­dows, dif­fer­ent fla­vors of Linux, and Apple’s Mac OS X. Apple con­tends that Psys­tar’s mak­ing and selling Open Com­puters con­sti­tutes copy­right in­fringe­ment, a breach of the end-user li­cense agree­ment for Mac OS X, and a vi­ol­a­tion of the anti-cir­cum­ven­tion pro­vi­sions of the Di­git­al Mil­leni­um Copy­right Act. Ac­cord­ing to Apple, only Macin­toshes can law­fully run Mac OS X.

This en­gage­ment is a fur­ther ex­ample of Ca­mara & Sib­ley’s act­ive tri­al prac­tice, in which we are of­ten asked to step in as sub­sti­tute coun­sel late in the case, when tri­al seems likely. Here, we were en­gaged a month be­fore the close of fact dis­cov­ery and the due date for ex­pert re­ports. Our flex­ible tri­al teams, com­posed of ana­lysts and li­ais­ons as well as law­yers, and our fo­cus on our cli­ent’s most im­port­ant mat­ters, al­low us to handle high-pres­sure mat­ters like this one.

K.A.D. Ca­mara, Tim Nyberg, Kent Rad­ford, Noah Rad­b­il, and Mike Wilson will serve as lead coun­sel for Psys­tar. Eu­gene Ac­tion of Cali­for­nia will serve as loc­al coun­sel.